The bond should also consider ways of revising the representations, guarantees and alliances contained in the compensation agreement. One of the most important ancillary documents for commercial real estate loans is environmental compensation. Under national and national environmental legislation, a property owner is strictly responsible for eliminating contamination by hazardous substances on such land. The surety may limit its liability by adding company-specific exceptions, including information contained in the environmental reports made available to the lender. As is the case in compensation agreements, the surety should continue to attempt to characterize his representations as “effectively the inseparable”. Unlocking rules. Since the standard form of environmental compensation is unlimited, in the event of a seizure, the lender would continue to be held liable for the environmental debts resulting from such enforced execution when the borrower no longer owns and controls the assets. It is understandable that the recipient of the exemption does not wish to be held responsible for the actions of third parties after he no longer owns the property. As a result, the lender will often accept an release provision stating that the exempt giver is not liable for the losses incurred by the lender, as long as those losses are solely the result of shares, conditions or events that occurred after the lender acquired ownership of the property through a forced execution or school stoppage instead of forced execution. However, these provisions should not exempt the advisor from ongoing contamination or ongoing events at the time of enforcement. In addition, if there is a mezzanine loan that is guaranteed by a collateral stake in the mortgage borrower, then it is customary to obtain an release in environmental compensation for the mortgage on the mezzanine lender`s silos of the mortgage borrower`s holdings. In this case, only the guarantor should be released, since he no longer has interest in the borrower or no longer controls it after the forced execution. However, the mortgage borrower should not be released because the mortgage remains in default, and the mezzanine lender will then control the mortgage borrower.
In this article, we discuss some of the issues that guarantors should consider when reviewing definitions, representations, guarantees and obligations in a compensation agreement, and propose some options for a surety to limit the amount of compensation in order to better protect its interests. However, some lenders are not willing to accept such provisions unless the surety submits a “clean” Phase I environmental report on the payment or maintenance of the loan. Three main options are available for compensation in order to limit their liability for environmental compensation. Environmental insurance. Another possibility for compensation to limit their exposure to environmental benefits is to ask the lender to rely first on environmental insurance policies before claiming environmental compensation. Although this is not as common as the rules of release or sunset, more and more repairers are starting to introduce this request. If a lender is willing to accept it, there are certain safeguards that must be taken into account in order to be included in environmental compensation. Of course, the policy must be approved by the lender, the policy must be fully in effect and effective at the time of the claim under the policy, and the amount of losses must be greater than the amount of the deductible under the policy.